Terms of Use

Variation to Terms & Conditions

Village may vary these Terms & Conditions at any time. Any variations become effective upon posting on the Website. By using the Website following the posting of a variation of the Terms & Conditions you consent to be bound by the varied terms and conditions.

Privacy of Personal Information

You may be asked to provide personal information (i.e. information which is collected and identifiable as relating to you personally) before purchasing any product or services or when using the Website. All personal information collected will be maintained in accordance with the Village Privacy Policy.

Signatory

The signatory below is either the Client or a person duly authorised to enter into this Event Agreement on behalf of the Client.

For purposes of these Terms and Conditions, the term “Event Agreement” when used herein shall mean the Topgolf Event Agreement together with these terms and conditions.

Everyone’s safety is very important. By participating at an event at Topgolf all participants agree to abide by the following safety rules in addition to all verbal and posted instructions during the event:

-All players must hit from the mat at all times. No running starts or horseplay. -Only the person hitting a ball should stand beyond the red line. All other players should stand behind the red line at all times. Players are responsible for the safety of others around them and should always check their surroundings before swinging a club. -Aim for the targets at all times. Aiming for the ball picker or hitting golf balls over the boundary netting is prohibited, and players are responsible for any damages or injuries caused. -Players must stay behind the yellow line at all times. Please take extra care when playing from the upstairs bays. -Guests under 16 should be supervised by a person, aged 18 year or over, when playing. -Throwing golf balls is prohibited. Only dispense one golf ball at a time. -Topgolf is not responsible for lost or stolen items.

Change of Event Details

Topgolf is not able to guarantee any request to change the Event details including, but not limited to, itinerary, food or beverage options, made within 7 days of the Event Date.

Applicable Law

This Event Agreement shall be governed by the laws of the State of Queensland and each party irrevocably submits themselves to the jurisdiction of the Supreme Court of Queensland and the courts of appeal therefrom.

Insurance

Client and Topgolf will, at their own cost and expense, obtain and maintain in full force and effect, with a financially sound and reputable insurer, liability insurance to cover its obligations under this Event Agreement. Upon execution of this Event Agreement and before commencement of any services, Topgolf reserves the right to require the Client to provide a certificate of public/product liability insurance with such insurers for a minimum of Twenty Million Dollars ($20,000,000) per occurrence and in the aggregate. The certificate is to note the interests of Topgolf.

Indemnification

Topgolf and Client each agree to indemnify, defend and hold harmless the other party, its affiliates, agents, representatives, directors, officers, and employees from and against any and all claims (including but not limited to third party claims), suits, fees, losses, liabilities, damages, judgments, costs and expenses (collectively referred to as “Claims”), including reasonable attorney fees incurred as a result of such Claims, arising out of the actions of the indemnifying party pursuant to this Event Agreement, including but not limited to (a) the indemnifying party’s gross negligence or willful misconduct in the performance or non-performance of this Event Agreement, (b) breach of any representation, warranty, or other obligation under this Event Agreement, or (c) any personal injury (including death) or damage to property resulting from the indemnifying party or its employees’, invitees’ or guests’ acts or omissions.

Safety & Responsibility

The Client must ensure that all guests of the Event must adhere to the Safety Terms and Conditions attached hereto. Topgolf will not be liable where injury is sustained due to some not being followed or where children under 16 are not properly supervised by a person aged 18 or over. The Client must not engage any contractor to carry out any activity on its behalf within the premises without first obtaining Topgolf’s prior written approval. The Client must ensure that each of its contractors complies with Topgolf’s workplace health and safety and contractor control policies and procedures which are made known to the Client and satisfy Topgolf’s insurance requirements.

Smoking

Laws in Queensland prohibit smoking in prescribed areas. The Client agrees to ensure that the Client, its guests and contractors (if any) comply with any direction by Topgolf to stop smoking or only smoke in defined areas.

Decorations, Advertising & Entertainment

All decorations, advertising and outside contracted entertainment including Client signs and banners must be arranged with and approved by the Topgolf Event Sales Department at least fourteen (14) days prior to your Event Date. Topgolf reserves the right to limit and/or restrict any banners or other signage containing company logos.